J U D G M E N T

Raja Vijayaraghavan, J.

The above appeal has been preferred by the sole accused in S.C.No. 630 of 2011 on the file of the Court of Session, Thalassery. In the above case, the appellant stood indicted for having committed the offence punishable under Sections 447 and 302 of the IPC .

2. Short facts:

Pulikkal Kunjumon @ Thankappan, his wife Smt. Remani, and their two boys, aged 15 and 12 years respectively, were residents of a place called Pookundu within the limits of Kannur District. The appellant was their neighbor. They had a cordial relationship until about a month prior to October 12, 2008, the day on which the fateful incident that led to the death of Thankappan took place. The prosecution alleges that news doing the rounds in the locality reached the appellant, claiming that Thankappan had tried to molest his wife. This created a tremendous amount of ill feelings in the minds of the accused towards Thankappan. The prosecution further alleges that on October 12, 2008, at about 10:45 p.m., the accused trespassed into the front yard of the deceased's house, bearing Door No. II/446 of Kelakam Panchayat. He started abusing Thankappan and exhorted him to come out. Th